Can You Prove Fault in a Parking Lot Auto Accident?

By
Larry Buckley
|March 30, 2015

While drivers often dispute
who was at fault in auto accidents, most roads and public transit areas are fairly straightforward when it
comes to right-of-way. If the accident can be reliably retold or reconstructed,
it is often immediately obvious who was really at fault. Parking lots,
however, can be the exception. As each lot may have a distinct traffic
flow - or no intended flow at all - it can be ambiguous as to who, if
anyone, legally has the right-of-way.

If you have been involved in a parking lot accident in the Sacramento area,
don’t leave the financial outcome up to chance. Educate yourself
on which laws may apply to your situation, and seek the advice of an experienced
auto accident attorney.

The Inherent Danger of Parking Lots

Most drivers have experienced the stress and caution of driving in a busy
parking lot. Between other cars driving up and down the lanes, vehicles
pulling into or out of parking spots, and pedestrians walking to and from
their cars, it can be a harrowing ordeal. Backing out of a space can be
especially difficult when vision is impaired by neighboring vehicles,
or when a nearby driver is not paying attention to his or her surroundings.

If an accident does occur, there are many factors that can play a role
in determining fault. Even when multiple witnesses are present to corroborate
the details of the situation, it may still be unclear whether anyone was
truly at fault. In such cases, it is advantageous to gather as much evidence
as possible and consult someone who is well versed in the nuances of auto laws.

Factors for Consideration

Because parking lots are usually built on private property and vary in
shape and pattern, they do not function under a standard set of laws as
public roads do. In many cases, lot owners install their own arrows, signs,
or similar traffic signals in order to direct traffic in a desired direction.
With or without these signals, though, the law expects drivers to exhibit
a reasonable amount of caution and attention to other vehicles and pedestrians.
If someone is deemed at fault for an accident in a parking lot, any of
the following factors may be considered:

Whether intended traffic flow was clearly marked

What each car was doing at the time of collision (i.e., driving vs. parking)

What drivers were doing at the time of collision (e.g., was someone on
the phone?)

Whether drivers were able to clearly see each other

What nearby vehicles or pedestrians were doing at the time of collision

For example, if one car was backing out of a parking space and collides
with another car that was driving down the lane (at a reasonable speed,
in the intended direction), the driver who was backing up may be held
responsible, as it is normally his or her responsibly to check for oncoming
traffic. Conversely, two drivers who back up into each other while pulling
out of their respective parking spaces will likely be equally at fault.
Still, even in the most clear-cut of cases, don’t expect the other
party to agree; gather plenty of evidence to prove your story.

What to Do if You Are in an Accident

If you are involved in a parking lot auto accident, take the necessary
steps to begin building a solid case for yourself. First, notice if there
are any witnesses. An objective third party can be a crucial piece of
evidence, as he or she can verify exactly how the accident occurred. Ask
if witnesses would be willing to share their story with the police and
possibly attorneys, and if so, exchange contact information.

Next, take some pictures of the accident, ideally before the vehicles are
moved. When you call the police to exchange insurance information and
file a report, make sure to obtain a copy of the police report. If a ticket
is issued to either driver, it is often a good indication of whom the
insurance companies will find to be at fault. Finally, remember that many
parking lots may be within the scope of a building’s surveillance
camera. If this is the case, ask the owner of the property if you may
obtain a copy of the tape, as this can prove how the accident transpired.

Seek Legal Counsel

Even with strong evidence in support of your claim, it takes an expert
attorney to fight on your behalf when the other party refuses to cooperate.
Don’t sacrifice full compensation when you know the other driver
is at fault.
Contact the office of Larry S. Buckley to learn how we can help you prove your case in court.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.